November 2011
Assent
West Carlton Concrete Corp. v. Smavila Forming Ltd.
Varcon Construction Co. v. 1554098 Ontario Inc.
Breach of trust – summary judgment – best foot forward – genuine issue – personal liability – assent or acquiescence
September 2011
Nasty
Process Automation Inc. v. Norstream Interec Inc.
economic duress – contract voidable – lack of consideration – creditor accepting less – section 16 Mercantile Law Amendment Act
July 2011
Stat decs
Beatty Floors v. KTM Develpoment Corp
False statutory declaration – breach of trust – punitive damages – full indemnity costs
Claim
Jones’ Masonry Ltd. v. Defence Construction (1951) Limited
Sub sues owner because releases security too soon to general – no cause of action – no duty of care for pure economic loss
June 2011
Technicality
Juddav Designs Inc. v. Cosgriffe
Alter ego lien – wrong claimant – quantum meruit – unjust enrichment in lien action
March 2011
Just Do it
Jelco Construction Ltd. v. Vasco
Negligence – safety – contributory negligence – knowledge of risk
January 2011
Bullets
4 Star Drywall (99) Ltd. v. Nanak Homes Inc.
Too little evidence – delay claim – summary judgment
Swiftest
Royal Bank v. Penex Metropolis Ltd.
Court declaration for substantial performance – Priority
November 2010
Arbitration
Tricin Electric Ltd. V. York Region District School Board
Dispute resolution clauses – CCDC and CCA standard contracts – stay of action – arbitration – discretion – failure to follow protocols
September 2010
Stat decs
Nortown Electrical Contractors Associates v. 161975 Ontario Inc.
Federated Contractors Inc. v. Ann-Maura Developments Inc.
Substantial or total performance – time running – time claimed contrary to time set in statutory declaration
July 2010
Knowledge
Sunview Doors v. Academy Doors
Trust claim for material supply – no knowledge of particular project to which materials supplied – unjust enrichment – rules different for lien claims and trust claims
May 2010
Last Screw (2)
Applewood Glass & Mirror Inv. v. Baun Construction Inc.
Time after work completed greater than 45 days – lien expire – perform defective work – perform trivial work – extend time
Allocate
Colautti Construction Ltd. v. Ashcroft Development Inc.
general payment to many invoices – debtor allocates among invoices – when creditor may allocate among invoices
March 2010
Nice Try
Tercon Contractors Ltd. v. British Columbia
Tender – exclusion clause for damages if breach of duty
January 2010
Owner
Parkland Plumbing v. Minaki Lodge Resort 2002 Inc.
Who is an owner – lifting corporate veil – priority of mortgagee is owner – section 78
November 2009
CCAA
Re Kerr Interior Systems Ltd.
Companies Creditors Arrangement Act – trust claim – lien claim – secured creditor
Priority
Ledcor Construction Ltd. v. 54033 B.C. Ltd.
PCL Constructors Westcoast Inc. v. Norex Civil Contractors Inc. & CRA
Super priority for employee deduction and GST – effect of setoff on priority
September 2009
Setoff Defence
D.J. Venasse Construction Ltd. v. MVD Properties Inc.
Legal setoff – equitable setoff – summary judgment – agreement not binding on delivery of defence on default
July 2009
Highhanded
Salit Steel v. Mondiale Development Ltd.
No holdback contract – void – unilateral amendment of contract – interest in invoice only – interest contrary to interest Act – self help remedy frowned upon
May 2009
Over Budget
G & S Electric Ltd. v. Devlan Construction Ltd.
Tender over budget – privilege clause – owner requests re-price – general deals with low sub and competitor – general accepts competitor – breach of tender contract – liable for damages
Aloia Bros Concrete Contractors Ltd. v. Richmond Hill.
Tender over budget – privilege clause – owner cancels project – general claims owner should negotiate price – no duty to negotiate or to inform of budget price
March 2009
Bank Draft
Good Mechanical v. Canadian Imperial Bank of Commerce
Tender with bank draft – draft irregular – breach of banking relationship – damages remote or unforeseeable – quantification of damages – mitigation
January 2009
Self Reps
Torty v. Gelina
Self represented parties – fast practice – produce all relevant facts for motion without notice – costs
Dead-Really
Cornerstone Estates v. Polaris Restorations
Dissolved corporation – revival – prejudice – lien period expiry – action itself
November 2008
Limitations Revisited
Limitations Act 2002 – 2- year period – ultimate 15-year period – period running when knew or ought to have known – could expire before project even completed – tolling agreements
September
Owner Competition
Port Hawkesbury v. Borcherdt Concrete Products Ltd.
Tender – owner dealing with another supplier and doing part of work itself – owner not first rejecting general’s over-budget bid – bid shopping – damages reduced to reflect fact that owner might not have awarded contract to general regardless
Clow Darling Ltd. v. Detra Builders Inc.
tender – general obtaining sub’s quote to determine own budget to perform work itself – general not accepting sub’s bid – bid shopping
July 2008
Duty of Care
Design Services Ltd. v. Canada Trust
Tender – sub suing owner – pure economic loss and tort – proximity – indeterminate liability
May 2008
Try Anything
Don Fry Scaffold Services Inc. v. Ontario
Duty of care for validity of bond – duty of care , owner to sub
Costs Security
ICI Construction Ltd. v. Altavista Properties Inc.
motion for security for costs – leave to bring motion – must show motion is necessary
March 2008
Certification
Federated Contractors v. Ontario Realty Corp
Certificates of payment certifiers – binding
Prove Damages
9071-5392 Quebec Inc. Katsoulis
Damages – proof
January 2008
Overreaching
Marden Mechanical Ltd. v. West-Con Developments Inc.
Payment dispute – contractor walks off job – who breached contract – measure of damages – mitigation
November 2007
Information
Comstock Canada Ltd. v. Durr
Section 39 of Construction Lien Act – information to be provided – no need for relevance – detail involved in response
Improvement Again
Kennedy Electric Ltd. v. Dana Canada Corp.
lienable interest – definition of improvement – chattels – movable – palpable and overriding error
September 2007
Director Liability
Ducan Ceiling v. Vin-Bon Retail System
Burden of proof – section 13 of CLA – assent to or acquiesce in breach of trust – sole officer and director, not enough
Offer
Coldmatic Refrigeration of Canada Ltd. v. Kenaidan Contracting Ltd.
Costs – offer to settle – costs exceed amount at stake
July 2007
Bonds
Western Surety Co. v. Hancon Holdings Ltd.
Bond default – payment agreement – unenforceable due to uncertainty – mortgage registration an abuse of process and slander of title
Stratton Electric v. Guarantee Company of North America
Surety paying sub – surety’s duty is to act reasonably and in good faith
May 2007
Forked Tongue (final)
Double N Earthmovers Ltd. v. City of Edmonton
Tender – duty to investigate -false information known after tender accepted – duty to other bidders – fairness
March 2007
Leasehold
1276761 Ontario Ltd. v. 2748355 Canada Inc.
leasehold interest – lien – section 19(1) of CLA – notice to landlord for liability
Sloppy
Incomplete contract- allegation of delay – completion to be in reasonable time
January 2007
Right
David J Harvey Holdings Inc. v. Hercules Food Equipment Ltd.
Expert evidence – offer and acceptance – tender documents for terms of contract A
November 2006
Inexplicable
310 Waste Ltd. v. Casboro Industries
setting down for trial in 2 years – section 46 of Construction Lien Act – impossibility
Certificate
Demcon Construction Inc. v. Lee
Architect’s certificate – not conclusive evidence
End of Line
Toronto Transit Commission v. Gottardo
Contract A formed on opening of tenders – Equitable remedy of rescission – application to Contract A – leave refused
September 2006
Litigant
Susin v. Goodreau
Self represented litigant – many cases – costs – accounting
Representations
Matrix Contractors Building Services Inc. v. National Bank of Canada
Bank representation on financing – reliance – bank to pay
July 2006
Improvement Revisited
310 Waste Ltd. v. Casboro Industries
Kennedy Electric Ltd. v. Dana Canada Corp.
lienable interest – definition of improvement – chattels – movable
May 2006
Technical
Setoff (incl)
Landry Mechanical Services Ltd. v. J.C. Sulpher Construction Ltd.
payer setting off for full amount to person below when no liens of people below on construction ladder
Second Crack (incl)
Rafat General Contractor Inc. v. 1015734 Ontario Ltd.
no claim for lien – no certificate of pending litigation
Overpayment (incl)
Aiken Bros. Hardware Ltd. v. Sergeant
no notice of lien – overpayment reducing holdback – liable only for holdback
Improper Lien (incl)
JDM Developments Inc. v. J. Stollar Construction Ltd.
improper lien – no damages proved – substantial indemnity costs awarded
March 2006
Design-Build
Coldmatic Refrigeration of Canada Ltd. v. Kenaidan Contracting Ltd.
dispute between two subs over responsibility for work – interpretation of contracts under design-build scenario
Tender Breach
Design Services Ltd. v. The Queen
breach of contract A – tender submitted by general only – can design build team involved in bid also claim damages under contract? –under tort?
January 2006
Consideration
1379691 Ontario Ltd. v. Appugliese
general promising payment to subsub if sub did not pay – enforceable promise – not a guarantee – false statutory declaration
Consultant Appeal
Del Ridge Construction Inc. v. General Accident Assurance Co
see November 2003 newsletter – decision overturned on appeal – not a case for summary judgment – architect’s certificate
Forked Tongue Leave
Double N Earthmovers Ltd. v. City of Edmonton
see July 2005 newsletter – leave given for appeal to Supreme Court of Canada
November 2005
Tender Reversal #2
Toronto Transit Commission v. Gottardo Construction Ltd.
Contract A formed on opening of tenders – Equitable remedy of rescission – application to Contract A
Property Insurance #2
Active Fire Protection 2000 Ltd. v. BWK Construction
Effect on general if fails to take out all-risk property insurance
September 2005
Danger
Roy v. Thiessen
Negligent construction – imminent danger – duty of care – standard of care
Property Insurance
Active Fire Protection 2000 Ltd. v. BWK Construction
Effect on general if fails to take out all-risk property insurance
Belluz v. 779457 Ontario Ltd.
Subrogation – double recovery – credit for money insurer paid
July 2005
Forked Tongue
Double N Earthmovers Ltd. v. City of Edmonton
Tender – false information known after tender accepted – duty to other bidders – fairness
Rewards
MHA Contracting Inc. v. Christie Mechanical Contractors Ltd.
Excess and improper lien – substantial damages for lien removal
May 2005
Wrong
David J Harvey Holdings Inc. v. Hercules Food Equipment Ltd.
Expert evidence – construction practice – contract formation –void for uncertainty – tender
March 2005
Trust Paid
Pre-Con Inc. v. Carosi Construction Ltd.
Pay-if paid – personal liability under trust – when payment is deemed made – owner not paying for reasons outside of sub’s control
January 2005
Good Faith Negotiating
Tender contract – form of construction contract – negotiate in good faith – improper corporate name – personal liability for agent
Leaky Bid Appeal
Silex Restoration Ltd. v. Strata Plan VR 2096
Tender – non-compliance – waiver – acceptance
November 2004
Anticipation
The Roofing Systems Inc. v. Atlas Corp.
Anticipatory breach of contract – default on one contract breach of other
September 2004
Rescission
Toronto Transit Commission v. Gottardo Construction Ltd.
Equitable remedy of rescission – application to Contract A – if Contract A rescinded, no Contract B enforceable
July 2004
Tender Reversal
Derby Holdings Ltd. v. Wright Construction Western Inc.
Non-compliant tender – incapable of acceptance – low bidder may attack own tender as non-compliant – if uncertain owner cannot accept tender
Graham Industrial Services Ltd. v. Greater Vancouver Water District
Non-compliant tender – court determines non-compliance based on objective test, not subjective test – even if instructions give owner that power
Toronto Transit Commission v. Gottardo Construction Ltd.
If tender includes further documents to be submitted, then those documents may be reviewed to determine an error on the face of the tender - if tender stipulates further documents, then failure to provide them makes tender non-compliant and incapable of acceptance
May 2004
Whatta Name
Wolfedale Electric v. RPM’s Systems etc
Incorrect name – breach of warranty of authority – personal liability under Business Corporations Act – chattels or improvement – applicability of Construction Lien Act
March 2004
Betterment #2
McGuffin v. Terry Howald Pools Inc.
Betterment – interest when no monies spent – rip out or patch up
Upper Lakes Shipping Ltd. v. St. Lawrence Cement Inc.
Replace before life expectancy – damages equal present value of interest on premature replacement cost
Dominion Sheet Metal v. 4701 Steeles Holdings
Replacement of roof necessary after expected life – no damages
January 2004
Bond Rules
Whitby Landmark Development v. Mollenhauer Construction
Interpretation of bond – covers overpayment based on cost savings – prejudice – failure to terminate contract
Limitations
New Limitations Act – basic 2-year limitation based on discoverability, including trust claims – 15 year absolute limitation period
November 2003
Consultant
Del Ridge Construction Inc. v. General Accident Assurance
Payment certificate withdrawal – duty of consultant to make decisions – act judicially – insurance
Fair Wage Appeal
Saffinco Mechanical Ltd. v. Toronto District Public School Board
Fair wage policy – non-payment of progress draws- termination of contract
September 2003
Fairness
Cable Assembly v. Dufferin-Peel Catholic Board
Request for proposal – acting unfairly
Trial Delay
Burdi v. Yorkstar Development
Inordinate delay – presumed prejudice – actual prejudice
July 2003
Deep Pocket
1150402Ontario Inc. v. Delfino
Fraud – personal liability – trust – not applicable two rungs down ladder – subsubs not beneficiary of general
May 2003
Ephemeral Lien
Winnen Construction Group Conditioning v. Winnen MRC Ltd.
Landlord an owner – disclaimer of trustee in bankruptcy of lease – effect on lien against leasehold interest
March 2003
Leaky Bid
Silex Restoration Lid. V. Strata Plan VR 2096
Tender – acceptance – non-compliant – bad faith
Timely ADR
Dispute resolution clauses – standard contract – delay – stay of lien action
January 2003
Fair Wages
Saffinco Mechanical Ltd. v. Toronto District Public School Board
Fair wage policy – non-payment of progress draws- termination of contract
Insurance Revisited
Pollard Enterprises v. Arizon Disposal Services
All-risk insurance – coverage includes subcontractors
November 2002
Liability Forever
Baltimore Aircoil v. ESD Industries
Air Canada v. M & L Travel
Breach of trust under common law – breach under Construction Lien Act – personal liability – bankruptcy
September 2002
Betterment
Maisonneuve v. Burley
Damages – value of lands – cost to complete – deduction for betterment
GST (gone)
East Trac Bobcat v. KWH Construction
GST extra unless contract states it is included
July 2002
Garnishment Revisited
Elmford Construction Co. v. South Winston Properties
Garnishment – trust monies – Creditor’s Relief Act – priority
Fish or Cut Bait
Cooperative D’Habitation Antigonish v. Laurentian General
Performance bond – limitation for claim
GST
Fast Trac Bobcat v. KWH Constructors Inc.
Contract silent – GST additional to tender amount
Jurat
Zemelman v. Feder
Affidavit of verification – jurat not executed – validity of lien claim
May 2002
Long Gone
Susin v. Genstar Development
Limitation period – breach of contract – unjust enrichment – breach of trust
Improvement
Re A.G. Simpson Co.
Lienable work – improvement – assembly line
March 2002
Tale of Two Decisions
All About Construction Ltd. v. 1336555 Ontario Ltd.
Sham lien filed by owner – invalid – personal liability – full costs – interest on invoices
Central Supply Company (1972) Limited v. Modern Tile Supply Company Limited
Supplier to store – no particular improvement designated – trust funds sections not applicable – no right to lien – no personal liability for individuals
January 2002
Dead
Cornerstone Estates Ltd. v. Polaris Restorations Inc.
Dissolution of corporation – lien invalid – no retroactivity – costs
Garnishment
Elmford Construction Company Limited v. South Winston Properties Inc.
Garnish – priority – trust – Creditors’ Relief Act
November 2001
Nasty Business
R. Murray
False statutory declaration – criminal
Unbelievable
Ring Contracting Ltd. v. PCL Contractors Canada Inc.
Fabrication of evidence – subsurface conditions – all inclusive settlement – extras – claims
Naylor
Naylor Group v. Ellis-Don Construction
Supreme Court of Canada – tender – bid depository
September 2001
Silence Not Golden
West Shore Constructors Ltd. Sandspit Harbour Society
CCDC 2 94 section 2.2.7 and 8.1.1 – consultant making decision and acceptance of it – mediation and arbitration
Pay Me – Now
Smith-Peat Roofing and Sheet Metal v Matassa Inc.
Pay if paid clause – clause must be specific
Environs Landscape Contracting v. Kanaidan Contracting
Pay if paid – not applicable to extras unless so states
July 2001
Good Faith Bargaining
Midwest Management (1987) Ltd. v. B.C. Gas Utility Ltd.
Fairness – no duty to bargain in good faith
Net Widening
F.W. Hearns/Actes v. University of B.C.
No contract with subs – no liability for pure economic loss
Limitation
PDC 3 Ltd. Limited Partnership v. Bregman + Hamann Architects
Release against architect means release against co-defendants
May 2001
Delay Claim
Westeinde v. Murlee Holdings
Quantification of damages – site staff – project managers – initial delay – winter inefficiency
March 2001
Tender Negligence
Martel Building Corp v. Canada
No cause of action of negligent negotiation – bargain in good faith maybe
January 2001
Agency
John Ziner Lumber v. Kotov
Undisclosed principal
Vacate lien
James Dick Construction v. Durham Board of Education
Holdback – vacate lien – general – Francon
November 2000
Bankrupt
Re Zumbo
Bankruptcy – breach of trust – discharge
Owner’s Trust
Structcola Contracting v. Westcola Holdings
Breach of trust – owner receiving rent – trust funds
September 2000
Seal
Curwood & Sons v. Ottawa Carlton
Tender – necessity of seal – enforceable – CBCA
Interest
NBC Mechanical v. Lundberg Equipment
Interest Act – pre-judgment interest – contract
July 2000
Pot-Pourri
Trust Me
Allied Plastering v. A. Visca Architect
Personal liability – representations – forbearance to sue
Trust Action
SE Rozelle v. Groff
No dishonesty necessary – trust action – deductible expenses – personal liability
Limitation Period
Co-Fo Concrete Forming v. 344602 Ontario Ltd.
No limitation period for breach of trust
May 2000
Bid Shopping
Western Plumbing v. Industrial Boiler Tech
Tender open – withdraw tender –sham – reduce price of sub
Interest Percentage
Ecuacan v. Empress Garden
Interest Act
Tender
George Wimpey v. Regional Municipality of Hamilton-Wentworth
Tarmac Canada v. Hamilton-Wentworth
Bad faith – good faith – fairness
March 2000
Bonds & Sureties
Labour and material payment bond performance bond – bid bond – not insurance
Bond Limitation
Controls & Equipment v. Ramco Contractors
Payment Bond – one year limitation period – work of sub is work of general
Bond Delivery
D’Aoust Construction v. Markel Insurance
Bond must be delivered before effective
January 2000
Bird – shot again
Bird Construction Winnipeg Condominium
Limitation period
Trust – setoff
Nortown Electrical Contractors v. Bradsil
Datasphere Sales
Arborform Countertops
Setoff – trust claim
November 1999
Going Too Far
Twin City v. Bradsil
Ken Toby v. British Columbia Building Corp
Bid depository – tender – contract – tort
September 1999
Good for the Goose
Naylor Group v. Ellis Don Construction
Scott Steel v. RJ Nichol
Unfair – fairness – good faith – bad faith – bid shopping – sub sues general
July 1999
Supreme Court Speaks
MJB Enterprises v. Defence Construction
Privilege clause – lowest qualified tender – unfair – damages
May 1999
Vacate Lien
James Dick Construction v. Durham Board of Education
General – vacate lien
Publication
For-Con Concrete v. 1120062 Ontario
Publish certificate of substantial Performance – delivery of certificate
March 1999
Legal Fees
Universal Plumbing & Heating v. Dynasty Executive Suites
Carriage of lien action – salvage costs – trust action
Reporting
Tax
January 1999
Last screw
Woodmere v. Sarcevich
Deemed total performance – applies to generals only – not subs – section 2(3)
Overhead Revised
Rudco Insulation v. Toronto Sanitary
Overhead not deductible
November 1998
Substitute and Reduce
Tom Jones Corp v. OSBBC Ltd
Vacate lien
Save me, I goofed
Electrical Equipment Co v. General Motors
Wrong land – trust claim – pay down trust monies
Setoff
C & A Steel v. Tesc Contracting
Debt on one project setoff on another
September 1998
Bankrupt
Re Francisco
breach of trust – debt remains after bankruptcy
Dismissal
Scapitalli v. A. Potvin Construction
Wrongful dismissal – notice
July 1998
Subterfuge
Triple R Demolition v. 1188648 Ontario Limited
Adopt contract – section 21 – Business Corporations Act – validity of claim for lien
Lien Strategy
Carosi Construction v. Barrie & District Association
Lien before substantial performance – lien after substantial performance
May 1998
Insurance
Madison Developments v. Plan Electric
General’s insurance coverage – subcontractor covered
Sheltering
Metric Masonry v. Life Centre Non-Profit
March 1998
Subsurface
Alden Construction v. Newman Bros.
Subsurface condition – material change – tender documents – fair – reasonable -– claim in writing – notice – liquidated damages
January 1998
Blackmail
Tom Jones Corp v. OSBBC Ltd
Bonds – release discharge vacate lien
Sheltering
Chute Construction v. Bicadan Construction
Tender (gone)
MJB Enterprises v. Defence Construction
Privilege clause
November 1997
Deceit
Hospitality Investments v. Everett Lord Building Construction
Sue City – building plans
Delay
Foundation Company
More Tender
George Wimpey Canada Limited v. Regional Municipality of Hamilton-Wentworth
Good faith – bad faith –hidden agenda
September 1997
Delay
Direct costs – lost profit and overhead – lost interest on holdback
Tender Saga Re-Visited
Twin City
Ken Toby v. British Columbia Building Corp
Bid depository rules – breach
July 1997
What’s in a Name
573521 Ontario Inc. v. Waldman
Business Corporations Act – section 10(5) – name on contract enforceable – persona liability
In Trust (incl)
Markborough Properties v. 841202 Ontario Inc. and Rathgeber
Personal liability – no beneficiary
May 1997
Fair Play
Colautti Brothers Marble Tile and Carpet v. City of Windsor
Tender – privilege clause – CCDC 10 – damages
Bid Depository (gone)
Twin City Mechanical v. Bradsil
Sub suing owner in contract and tort – bid shopping
March 1997
Bird in the Hand
Bird Construction
Insurance
Interest
P & D Holdings Ltd. v. Alta Surety Company
Interest is not lienable
Updates
Tender (incl)
Vipond Automatic Sprinkler Co. v. E.S. Fox Ltd.
Good faith
Excessive Lien (incl)
LDR Contracting v. Filion
Damages
Sheltering (incl)
Sesco Ltd. v. Life Centre Non-Profit Housing Corp
January 1997
Tender
R. Ron Engineering & Construction (Eastern) Ltd.
Scott Steel (Ottawa) Ltd. V. R. J. Nichol Construction
Naylor Group Incorporated v. Ellis Don Construction Ltd.
Chinook Aggregates Ltd. V. Abbotsford
Vachon Construction v. Cariboo
Acme Building and Construction Limited v. Town of Newcastle
Subcontractor applicability – privilege clause – good faith
Trust
Heritage Masonry Ltd. V. DeBartolo
Shield Sprinkler & Fire System Ltd. V. Vahuki Construction Inc.
Overhead expenses – direct – indirect
November 1996
Trust
Datasphere Sales Ltd. V. Universal Light & Power Corp
Arborform Countertops Inc. v. Stellato
Trust funds – trust claims – setoff – overhead expenses – personal liability – breach
September 1996
Dispute Resolution
Mediation – arbitration – early neutral evaluation – ADR – CCDC 2
July 1996
Accelerated Delay
Foundation Co. of Canada v. United Grain Growers Limited
Delay claim – acceleration claim – damages – incorrect tender documents – site not ready – drawings not compete – notice of claim – productivity loss – extras – interest
May 1996
Evidence of Last Work
Belmar Sheet Metal Co. v. 849539 Ontario Inc.
Date from which times runs to preserve lien
Excessive Lien (incl)
Tamma Construction Co. v. Brault
Solicitor and client costs – damages
Pay if Paid (incl)
Applied Insulation Co. Ltd. V. Megatech Contracting Ltd.
March 1996
Lean Times
Transgas Ltd. V. Mid-Plains Contractors Ltd.
Lien illusory – contractor complacency – credit decision – super priority for statutory deductions and GST – no interest
Updates (incl)
Pay if paid – Timbro
Registration of excessive lien – Woodmere (Credit Valley) Limited v. Sarcevich & Ontario Aluminium Glass v. Tavares & Rideau Valley
January 1996
Excessive Lien
Rideau Valley Constructors Ltd. V. Visa Construction Co. Limited
(Extra Time for Lien) incl
Ravell Investments Ltd v. DCLC Developments Ltd.
Time commencement for lien for registration – effected by work on extra
November 1995
Pay If Paid
Timbro Developments Limited v. Grimsby Diesel Motors Inc.
Arnoldin Construction & Forms Ltd. V. Alta Surety Co.
(Sheltering) incl
Tri-Haven Homes Inc v. O’Neill
Shelter (perfect) under action commenced by another lien claimant
September 1995
Look Before You Leap (lost)
Rinaldis v. Landmark Development (North Bay) Ltd.
Priority – lien claimants – trustee in bankruptcy – mortgagee – value of land